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17/03/2026

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Compulsory Bargaining?
- In SA, employers aren't forced to bargain generally (LRA s23(5)).
- But, if a union is sufficiently representative, employer must bargain (LRA s18(3)).
- Refusal to bargain can be an unfair labour practice (LRA s186(2)).

Relevant Sections:
- LRA s23: Organizational rights and bargaining.
- LRA s18(3): Duty to bargain with representative union.
- LRA s186(2): Unfair labour practice (refusing to bargain).

Decided Cases:
- *NUMSA v Bader Bop (Pty) Ltd (2003)*: Constitutional Court ruled on duty to bargain with majority union.
- *SA Boilermakers v Q Cele (2004)*: LAC emphasized duty to bargain in good faith.
- *IMATU v Cape Metropolitan Council (2000)*: Bargaining council's role and duty to bargain discussed.

17/03/2026

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Recognition of Trade Unions
- Employers must recognize unions if majority of employees in a workplace are members.
- Unions can apply for recognition, and employers must respond within 30 days.
- Recognition gives unions rights like access to workplace, meetings, and deductions.

Collective Bargaining
- Unions and employers negotiate on terms, conditions, and other issues.
- Good faith bargaining is required, with mutual respect.
- Agreements apply to parties and often become binding.

Collective Agreements
- Agreements cover wages, hours, benefits, and working conditions.
- Binding on parties (unions, employers, and employees covered).
- Can be enforced through CCMA or Labour Court.

Strikes and Lockouts
- Regulated by LRA: procedures include referrals to conciliation, notice, and ballots.
- Protected strikes (following rules) protect employees from dismissal.
- Employers can lockout in response, under certain conditions.

Dispute Resolution
- CCMA handles disputes (mediation, conciliation, arbitration).
- Labour Court deals with appeals, interpretations, and certain disputes.
- Processes aim for fair resolution and compliance.

Majority Representation
- Majority union can negotiate for all employees in bargaining unit.
- Thresholds apply for certain rights (e.g., 50%+1 for binding agreements).

17/03/2026

We provide the following services with a smile.

"Labour Law Support SA
Resolving workplace disputes with expertise. We provide guidance on:

- Unfair dismissal disputes (30-90 days)
- Unfair labour practice disputes (30-90 days)
- Collective bargaining disputes (negotiable)
- CCMA proceedings (assistance and representation)
- Labour Court proceedings (litigation support)
- Contract disputes (30-90 days)
- Workplace grievances (7-30 days)
- Labour law compliance advisory

Follow the page for updates, tips, and support.

18/02/2026

12/02/2026

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30/01/2026

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29/01/2026

Talk to us about your problems at work, sizoninceda free of charge. Will be able to respond after 2nd February. Feel free to talk to us. Danko.

27/01/2026

We are experts in drafting employment contracts, assisting employees to understand clause which are hidden and their meaning. Assist in drafting grievances and completing CCMA forms.

27/01/2026

Highly qualified Labour Law Specialist, offering free Labour services to our vulnerable employees. Preparing employees for dc hearings, CCMA case and Labour Court procedures. Drafting and understanding of all types of Employment Contracts.